By KT Reporter
The hearing of a case in which nine youths accused of falsely alleging sodomy against Miracle Centre’s Pastor Robert Kayanja has stalled after the lead prosecutor, Jonathan Muwaganya, is said to be unwell and therefore indisposed.
The nine are: Peter Serugo, Reagan Ssentongo, Khalifa Labeeb, Alex Wakamala, Martins Kagolo, Israel Wasswa, Jamil Mwanda, and Aggrey Kinene and Moses Tumwine who is being hunted after escaping from the trial when he was granted bail.
The Court presided over by Senior Principal Grade One Magistrate Adams Byarugaba was informed in a letter dated May 22nd that Muwaganya was unwell and unable to attend court.
In the letter, the State further requested the court to advise the defence team to disclose the documentary evidence that they intend to rely on in their defence.
“Owing to the unfortunate absence of Prosecution counsel, we request that the case be adjourned to the next scheduled date. We also take this opportunity to request a complete disclosure from the defence before the next hearing date to allow for an expeditious conduct of the hearing”, reads the letter by State Attorney Caroline Mpumwire.
Disclosure of evidence in criminal cases is a critical aspect in the justice system aimed at ensuring fairness and transparency in a trial by providing both parties with access to relevant evidence to avoid trial by ambush. At previous hearings, prosecution has insisted that just like they did before the prosecution case commenced, the defence should also avail them the documentary evidence in time so that they are not taken by ambush.
This is the second time in a row that further hearing of the case has failed to take off. In the previous session, the hearing didn’t proceed because the Magistrate was indisposed.
Pastor Kayanja, who gave his testimony in court last year as a state witness, denied all the allegations, stating that the accusations are not new and that similar “plots to tarnish his name happened in 2010 and 2013” He cited cases were fellow pastors were convicted in 2010 for fabricating allegations against him and another case of 2013 were a man was arrested at Mulago hospital bribing a doctor to falsely medical documents to show that he had ever been sodomized to support allegations against him.
In all cases, the courts have found the accused persons guilty of falsifying evidence against them.
The court found that all the 9 youths had a case to answer. Most of the accused persons opted to give unsworn evidence. unsworn evidence is where an accused person opts not to swear thereby denying the prosecution an opportunity to test the credibility and admissibility of their evidence in cross examination.
The case has been adjourned until June 2nd, when the accused persons are expected to continue with their testimonies-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
